Negotiation

When a Collective Agreement expires, the employer and the Union meet to discuss changes to the document. This is usually preceded by the preparation of a nego package by both parties. On the Union side, the Negotiation Committee seeks the input of the membership about issues with the text and its interpretation, to identify things that should be changed or added. The Committee, through research and consultation, develops a nego package that is then approved by the membership at a Special General Assembly. The employer will have their own list of demands and changes to working conditions that they would like to negotiate. 

According to the Labour Code, either party can serve written notice of intent to bargain in the 90 days preceding the expiry of the existing Collective Agreement. When this has happened, the parties meet within 60 days of the notice to exchange their package of demands. At that time the parties will often set dates for negotiation meetings. During these meetings the parties discuss the issues raised in the package of demands, and try to find solutions that are acceptable to both sides. Issues that were not listed in the package may not be raised or discussed at the negotiating table. 

The course of negotiations is largely determined by the leverage that the parties can bring to the table. Simple issues such as clarity of wording are sometimes easy to resolve, but demands that involve improvements to working conditions are generally met with a lot of resistance from the employer. In these cases, it is important to understand that no matter how skilled, motivated or determined the Union's negotiating team is, the Union's leverage to negotiate changes is entirely dependent on the mobilization of our membership. If it is clear to the employer that the membership will not go out of their way to support the negotiations, the employer has no motivation to seriously consider our demands. If the membership makes it clear through action that they support the negotiation, and are ready and willing to cause disruption to get what they want, that translates to movement at the nego table.

Bargaining power refers to the ability of both parties in a negotiation to exert influence with the goal of resolving labour issues to their advantage. This influence can a take a variety of forms, and is often dynamic through the bargaining process. The ability of the parties to adapt and find creative solutions, the relative pressure to resolve issues and conclude bargaining, and the nature of the demands on the table will all influence the bargaining power the two sides can bring to bear. Pressure from the Union membership is one of the strongest forms of influence available to the labour union, and the mobilization of the membership, from simple participation in Union meetings all the way up the scale to strike action, is key to balancing the the dynamics of bargaining power with the employer. 

When negotiations reach a stand-still because neither party feels that they can compromise on a given situation, the process can be referred to conciliation by either group. This means that nego meetings will be held with a neutral third party conciliator. The conciliator's responsibility is to mediate the discussions and help the parties find solutions to the issues on the table. They have no mandate to impose resolutions to disagreements or impasses in the negotiation process. The conciliator will usually meet with both parties to understand the nature of the relations and context of negotiation, and then meet with both sides independently to assist in trouble-shooting the sticking points. 

Bargaining power becomes especially important when negotiations reach an impasse. The ability of one party to exert leverage to support the group's needs at the nego table can help to move the process forwards. Mobilization to increase bargaining power gives a labour union more leverage at the table to realize its demands and improve working conditions.

• June 26th, 2026

• September 17th, 2026